Civil Partnership Act 2004 (c. 33)

Valid from 14/09/2005

Part 3 S Civil partnership: Scotland

Chapter 6 S Miscellaneous and interpretation

Miscellaneous S

Valid from 05/12/2005

130 Civil partner of accused a competent witness S

(1) The civil partner of an accused may be called as a witness—

(a) by the accused, or

(b) without the consent of the accused, by a co-accused or by the prosecutor.

(2) But the civil partner is not a compellable witness for the co-accused or for the prosecutor and is not compelled to disclose any communication made, while the civil partnership subsists, between the civil partners.

(3) The failure of a civil partner of an accused to give evidence is not to be commented on by the defence or the prosecutor.